HomeMy WebLinkAbout93-19 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 93-19
File Number: 2019-0202
EPA REGION 6 WETLAND PROGRAM DEVELOPMENT GRANT APPLICATION:
A RESOLUTION TO AUTHORIZE AN EPA REGION 6 WETLAND PROGRAM DEVELOPMENT
GRANT APPLICATION IN THE TOTAL AMOUNT OF $500,000.00 FOR RESTORATION OF
TANGLEWOOD BRANCH WITHIN THE CULTURAL ARTS CORRIDOR
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes an EPA Region 6
Wetland Program Development Grant application in the total amount of $500,000.00 for restoration of
Tanglewood Branch within the Cultural Arts Corridor.
PASSED and APPROVED on 4/16/2019
Attest:
r
— ►'�i
Sondra E. Smith, City Clerk Trea �; .
��. ti� CI T Y • •yJ,'�.�
Page 1
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Text File
-- File Number: 2019-0202
Agenda Date: 4/16/2019 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Resolution
Agenda Number: A. 7
EPA REGION 6 WETLAND PROGRAM DEVELOPMENT GRANT APPLICATION:
A RESOLUTION TO AUTHORIZE AN EPA REGION 6 WETLAND PROGRAM DEVELOPMENT
GRANT APPLICATION IN THE TOTAL AMOUNT OF $500,000.00 FOR RESTORATION OF
TANGLEWOOD BRANCH WITHIN THE CULTURAL ARTS CORRIDOR
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes an EPA Region 6
Wetland Program Development Grant application in the total amount of $500,000.00 for restoration of
Tanglewood Branch within the Cultural Arts Corridor.
City of Fayetteville, Arkansas Page 1 Printed on 4117/2019
City of Fayetteville Staff Review Form
2019-0202
Legistar File ID
4/16/2019
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Peter Nierengarten 3/27/2019 SUSTAINABILITY/RESILIENCE (631)
Submitted By Submitted Date Division / Department
Action Recommendation:
Approval to submit an EPA Region 6 Wetland Program Development Grant application for the restoration of
Tanglewood Branch within the Cultural Arts Corridor not to exceed a total grant amount of $500,000 (City match
portion $175,000).
Account Number
Project Number
Budgeted Item? NA
Does item have a cost? No
Budget Adjustment Attached? NA
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Budget Impact:
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
Fund
Project Title
$ -
Previous Ordinance or Resolution # 6141
Approval Date:
V20160321
CITY OF
-mom FAYETTEVILLE
ARKANSAS
MEETING OF APRIL 16, 2019
TO: Mayor and City Council
THRU: Don Marr, Chief of Staff
FROM: Peter Nierengarten, Sustainability Director
CITY COUNCIL MEMO
CC: Chris Brown, City Engineer
DATE: March 27, 2019
SUBJECT: Approval to submit an EPA Region 6 Wetland Program Development Grant
application for the restoration of Tanglewood Branch within the Cultural
Arts Corridor not to exceed a total grant amount of $500,000 (City match
portion $175,000).
RECOMMENDATION:
Staff recommends approval to submit an EPA Region 6 Wetland Program Development Grant
application for the restoration of Tanglewood Branch within the Cultural Arts Corridor not to
exceed a total grant amount of $500,000 (City portion $175,000).
BACKGROUND:
On January 3, 2019, City Council approved Resolution Number 6141 to waive competitive
bidding and enter into a memorandum of understanding (MOU) with the Watershed
Conservation Resource Center (WCRC). The resolution expressed the City's desire to work
jointly with the WCRC to identify, fund and complete stream restoration projects, work together
on nonpoint source (NPS) related issues associated with reducing nutrients, and improving
riparian and other natural areas. Previously, the City and WCRC have completed several
restoration projects through other partnerships. Completed projects include but are not limited
to, the White River Riverbank Stabilization Project (2 separate areas), Niokaska Creek within
Sweetbriar Park, Niokaska Creek within Gulley Park, West Fork of White River Airport Site and
Ground Cherry Creek within the Kessler Mountain Regional Park.
DISCUSSION:
In December 2018, WCRC completed a conceptual design for the restoration of Tanglewood
Branch within the Fay Jones Woods as part of the Cultural Arts Corridor Project. This design
would be the basis of an application for an EPA Region 6 Wetland Program Development Grant
to fund a portion of the stream restoration work along Tanglewood Branch. Construction of the
Tanglewood Branch Restoration would be completed in tandem with the Fay Jones Woods
construction in 2020/2021.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
BUDGET/STAFF IMPACT:
The City's required matching funds ($175,000) for this project are proposed to come from the
bond issuance for the Cultural Arts Corridor Project and are contingent upon successful
passage of that question. City matching funds would not be required until late 2019 or 2020 and
the City Council would have authority to approve the grant award prior to the funds being
encumbered.
Attachments:
Ordinance 6141
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6141
File Number: 2018-0723
WATERSHED CONSERVATION RESOURCE CENTER MOU:
AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND
APPROVE A MEMORANDUM OF UNDERSTANDING WITH THE WATERSHED CONSERVATION
RESOURCE CENTER FOR A TERM OF FIVE YEARS TO ESTABLISH A GENERAL FRAMEWORK
OF COOPERATION TO SEEK FUNDING, CONDUCT STREAM RESTORATION PROJECTS AND
TO WORK TOGETHER ON NONPOINT SOURCE RELATED ISSUES
WHEREAS, the Watershed Conservation Resource Center is a nonprofit organization with regional
experts that strive to protect, conserve and restore natural resources by utilizing the watershed
approach, environmental outreach, and providing planning and technical assistance to landowners,
communities, and government; and
WHEREAS, the City has successfully partnered with the Watershed Conservation Resource Center in the
past to receive approximately $3,100,000.00 in federal grants for stream restoration and the Watershed
Conservation Resource Center has been instrumental in securing these grant funds due to its relationship
with federal grant agencies and a proven track record of successful stream restoration projects; and
WHEREAS, the purpose of the Memorandum of Understanding is to establish a general framework for
cooperation between the Watershed Conservation Resource Center and the City to seek funding and
conduct stream restoration projects to achieve the common goal of restoring unstable sections of streams
to a morphologically stable form utilizing a natural channel design approach and to work together on
nonpoint source related issues associated with reducing nutrients and improving riparian and other natural
areas.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
Page 1 Printed on 114119
File Number: 2018-0723
Ordinance: 6141
FAYETTEVILLE, ARKANSAS:
Sect'on : That the City Council of the City of Fayetteville, Arkansas hereby determines an
exceptional situation exists in which competitive bidding is deemed not feasible or practical and
therefore waives the requirements of formal competitive bidding and approves a Memorandum of
Understanding between the City of Fayetteville, Arkansas and Watershed Conservation Resource
Center to establish a general framework for cooperation to seek funding and conduct stream restoration
projects and to work together on nonpoint source related issues for the next five years.
PASSED and APPROVED on 1/3/2019
Attest:
yet'4-— �^ Vi
Sondra E. Smith, City Clerk Treasurer
Page 2 Printed on 114119
_ City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
t Text File
File Number: 2018-0723
Agenda Date: 1/3/2019 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Ordinance
Agenda Number: C. 3
WATERSHED CONSERVATION RESOURCE CENTER MOU:
AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND
APPROVE A MEMORANDUM OF UNDERSTANDING WITH THE WATERSHED
CONSERVATION RESOURCE CENTER FOR A TERM OF FIVE YEARS TO ESTABLISH A
GENERAL FRAMEWORK OF COOPERATION TO SEEK FUNDING, CONDUCT STREAM
RESTORATION PROJECTS AND TO WORK TOGETHER ON NONPOINT SOURCE RELATED
ISSUES
WHEREAS, the Watershed Conservation Resource Center is a nonprofit organization with regional experts
that strive to protect, conserve and restore natural resources by utilizing the watershed approach, environmental
outreach, and providing planning and technical assistance to landowners, communities, and government; and
WHEREAS, the City has successfully partnered with the Watershed Conservation Resource Center in the
past to receive approximately $3,100,000.00 in federal grants for stream restoration and the Watershed
Conservation Resource Center has been instrumental in securing these grant funds due to its relationship with
federal grant agencies and a proven track record of successful stream restoration projects; and
WHEREAS, the purpose of the Memorandum of Understanding is to establish a general framework for
cooperation between the Watershed Conservation Resource Center and the City to seek funding and conduct
stream restoration projects to achieve the common goal of restoring unstable sections of streams to a
morphologically stable form utilizing a natural channel design approach and to work together on nonpoint
source related issues associated with reducing nutrients and improving riparian and other natural areas.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
5ecilen l: That the City Council of the City of Fayetteville, Arkansas hereby determines an exceptional
situation exists in which competitive bidding is deemed not feasible or practical and therefore waives the
requirements of formal competitive bidding and approves a Memorandum of Understanding between the City
of Fayetteville, Arkansas and Watershed Conservation Resource Center to establish a general framework for
cooperation to seek funding and conduct stream restoration projects and to work together on nonpoint source
related issues for the next five years.
City of Fayetteville, Arkansas Page 1 Printed on 1/412019
Chris Brown
Submitted By
City of Fayetteville Staff Review Form
2018-0723
Legistar File ID
1/3/2019
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
12/12/2018
ENGINEERING (621)
Submitted Date Division / Department
Action Recommendation:
Approval to waive competitive bidding and renew a Memorandum of Understanding (MOU) with the Watershed
Conservation Resource Center (WCRC) outlining a general framework for cooperation to seek funding and conduct
stream restoration projects and other nonpoint source pollution related issues.
4470.621.8810-5817.00
Account Number
02097.1
Project Number
Budgeted Item? Yes
Does item have a cost? No
Budget Adjustment Attached? NA
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Budget Impact:
Sales Tax Capital Improvement
Fund
Stormwater Quality Management
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
Project Title
$ 95,528.00
$ 200.00
$ 95,328.00
95,328.00
Previous Ordinance or Resolution # 5645
Approval Date:
V20180321
CITY OF
7.FAYETTEVILLE
ARKANSAS
MEETING OF JANUARY 3, 2019
TO: Mayor and City Council
THRU: Don Marr, Chief of Staff
Garner Stoll, Development Services Director
Chris Brown, City Engineer
FROM: Alan Pugh, Staff Engineer
DATE: December 12, 2018
CITY COUNCIL MEMO
SUBJECT: Approval to waive competitive bidding and renew a Memorandum of
Understanding (MOU) with the Watershed Conservation Resource Center
(WCRC) outlining a general framework for cooperation to seek funding and
conduct stream restoration projects and other nonpoint source pollution
related issues.
RECOMMENDATION:
Staff recommends approval to waive competitive bidding and renew a Memorandum of
Understanding (MOU) with the Watershed Conservation Resource Center (WCRC) outlining a
general framework for cooperation to seek funding and conduct stream restoration projects and
additional nonpoint source pollution related issues.
BACKGROUND:
In January of 2014 the City Council approved ordinance 5645 which waived competitive bidding
and approved the current MOU. This partnership has proven successful for many years as
described further below.
DISCUSSION:
The WCRC is a nonprofit organization that strives to protect, conserve, and restore natural
resources by utilizing the watershed approach, environmental outreach, and providing planning
and technical assistance to landowners, communities, and government. The WCRC principals
are regional experts and local leaders in implementing natural channel design -based stream
restorations that meet multiple local and regional objectives relating to river channel instability,
water quality, ecological services and green infrastructure.
The WCRC and the City have successfully partnered on multiple projects throughout this
partnership. These projects have brought over $3,100,000 to the City for water quality and other
environmental improvements and have helped to create local partnerships and outreach
opportunities in the areas of river restoration, riparian enhancement, and watershed planning.
Seven stream and streambank restoration projects have been implemented that have resulted
in over 11,900 tons of sediment and 8,500 lbs of total phosphorus reductions, annually from
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
streambank erosion, restored both aquatic and terrestrial habitat, protected City infrastructure,
and improved aesthetics of City Parks and other properties
WCRC has been instrumental in securing these grant funds due to their relationships with
Federal grant agencies and their proven track record of successful stream restoration projects.
This MOU will establish a continued partnership between the City and WCRC whereby the
WCRC will actively seek grant funding for stream restoration projects in the City of Fayetteville
and will allow the City the opportunity to quickly take advantage of opportunities identified. The
MOU is effective for a period of five years.
BUDGET/STAFF IMPACT:
The proposed agreement has no budgetary impact. As tasks are identified, the "task order" with
associated fee will be approved through the appropriate channels up to and including approval
by the Mayor and City Council.
Attachments:
Ordinance 5645
Updated Memorandum of Understanding (MOU)
MEMORANDUM OF UNDERSTANDING
Between
Watershed Conservation Resource Center
And
City of Fayetteville
This Memorandum of Understanding (MOU) is entered into and executed on the date indicated
below the signature block, by and between the Watershed Conservation Resource Center,
hereinafter referred to as WCRC, and the CITY OF FAYETTEVILLE.
A. PURPOSE
The purpose of this MOU is to establish a general framework for cooperation between the
WCRC and the CITY OF FAYETTEVILLE to 1) seek funding and conduct stream restoration
projects to achieve the common goal of restoring unstable sections of streams to a
morphologically stable form utilizing a natural channel design approach and 2) to work together
on nonpoint source (NPS) related issues associated with reducing nutrients and improving
riparian and other natural areas. Innovative approaches will be used in designing and
implementing stream restorations that will result in improved water quality of the City's
watersheds and will address severe streambank erosion, while restoring aquatic and terrestrial
habitat and maintaining a sustainable, natural hydrology. Such cooperation will serve the parties'
mutual interest.
B. STATEMI NT OF MU'1"UAL 1N FR[?STS AND BENEFTI'S
The WCRC is a nonprofit organization that strives to protect, conserve, and restore natural
resources by utilizing the watershed approach, conducting environmental outreach, and
providing planning and technical assistance to landowners, communities, and government. The
WCRC principals are regional experts and local leaders in implementing natural channel design -
based stream restorations that meet multiple local and regional obiectives relating to river
channel instability, water quality, ecological services, and green infrastructure. ]'his MOU is of
benefit to the CITY OF FAYI M'EVI.LL1:, because these activities will help to meet the
objectives of the City's Nutrient Reduction Plan and will lead to both aquatic and terrestrial
habitat restoration, improved water quality in the form of both phosphorus and sediment
reductions, reduced streambank erosion, and improve aesthetics of local streams and rivers. This
effort will also help to promote the use of alternatives to traditional channel modifications in
both urbanizing and rural areas.
The WCRC and the CITY OF FAYETTEVILLE' partnered and have obtained several grants for
restoring streams within the City and surrounding areas and for assessing streams for stability
and contaminant reduction. These projects have brought over `}3,100,000 to the City for water
quality and other environmental improvements and have helped to create local partnerships and
outreach opportunities in the areas of river restoration, riparian enhancement, and watershed
planning. Seven stream quid streambank restoration projects have been implemented that have
resulted in over 11,900 tons of sediment and 3,500 lbs of total phosphorus reductions, annually
from streambank erosion, restored both aquatic and terrestrial habitat, protected City
infrastructure, and improved aesthetics of City Parks and other properties. The WCRC currently
has three active projects with the City and other partners to conduct more river restoration and
assess urban streams and riparian areas to identify priority sites in need of restoration. In
addition, the WCRC continues to monitor and maintain the four implemented stream restoration
sites.
C. FEES AND PAYMENTS
No fee is associated with this MOU. As projects are identified by the City, a Task Order
establishing the scope, fee, and payment terms for the project will be developed. The basis of
this fee and justification for the fee shall be contained in an Appendix attached to each "Task
Order. Adjustment of the fee may be made should WCRC establish and the CITY OF
FAY137TTE.VILLE agree that there has been, or is to be, a significant change in scope, complexity
or character of the services to be performed; or if the CITY OF FAYETTEVILLF, decides to
shorten the duration of work from the time period specified in the Agreement for completion of
work and such modification warrants such adjustment.
In consideration of the above premises, the parties agree as follows:
D. THF., WCRC:
1. Shall seek funding opportunities for stream restoration projects and other projects
related to reduction of non -point source pollution.
2. Upon approval of specific Task Orders by the Mayor or City Council, as required by the
City's procurement requirements, shall provide the services detailed in each Task Order.
Said tasks may include:
a. Identification of stream reaches that could benefit from stream restoration
and prioritize, in streams within the City limits.
b. Estimation of phosphorous reduction that would be realized for each priority
stream restoration project.
c. Assistance in developing grant applications for identified stream restorations
and other non -point source pollution assessment projects.
d. Vegetation establishment and management at City sponsored stream
restoration projects.
e. Assistance to the CITY OF FAYh,,rrEVILLE in addressing other NPS
related issues.
3. Shall accomplish other specific tasks as detailed in each Task Order.
4. Shall possess a valid contractor's license issued by the Arkansas Contractor's Licensing
Board when the cost of the work to be done on any project undertaken on behalf of the
City pursuant to this. MOU or any 'Task Order, including, but not limited to, labor and
materials, is fifty thousand dollars ($50,000.00) or more, as required by Ark. Code Ann.
17-25-101, e! seq. A copy of the license shall be provided to the City at the time WCRC
submits its proposal for such a qualifying project.
L. THE CITY OF FAYETTI VILLE`:
1. Shall coordinate all activities within the City of Fayetteville Divisions and Departments
and between the CITY OF FAYETTEVILLI:', and the WCRC.
2. Shall assist with project activities and tasks.
2
3. Shall provide review and input into the final restoration designs.
4. Shall oversee activities and coordinate staff needed for implementation of the restoration
designs.
5. Shall provide documentation of all project activities and associated matching funds.
6. Recognizes that their participation in stream restoration and NPS projects acquired is an
integral component in carrying out a successful project that will result in improved water
quality and habitat restoration.
7. Shall accomplish other specific tasks as detailed in each'I'ask Order.
F. IT IS MUTUALLY AGREED AND UNDERSTOOD BY ALL PARTIES THAT:
1. FREEDOM OF IN OR IA7'ION ACTI FIA . CITY OF FAYE1 FEVILLE contract and
doewnents prepared while performing; city contractual work are subject to the Arkansas Freedom
of Information Act. If a Freedom of Information Act request is presented to the CITY OF
FAYETTEVILLE, the WCRC will do everything possible to provide the documents in a prompt
and timely manner as prescribed in the Arkmis&as Freedom of Information Act (A.C.A. §25-19-
101 et. seq.) Only legally authorized photocopying costs pursuant to the FOIA may be assessed
for this compliance. Any information furnished to the WCRC under this instrwnent is subject to
the Freedom of Information Act (5 U.S.C. 552).
2. MODIFICATION Modifications within the scope of the instrument shall be made by mutual
consent of the parties. Changes, modifications, or amendments in scope (other than as
specifically established in this MOU), price or fees to this agreement shall not be allowed
without a prior formal contract amendment approved by the Mayor and/or the City Council in
advance of the change in scope, cost or fees.
3. PARTICIPATION IN SIMILAR ACTIVITIES. This instrument in no way restricts the
WCRC or the CITY OF FAYETTEVILLIE from participating in similar activities with other
public or private agencies, organizations, and individuals.
4. 9QM1yII N.C1:iVf 1sN'1 Il XI'1Rn'l'lUN DATE. The instrument is executed as of the date of the
last signature and is effective for five years.
5. PRINCIPAI., CONTAC"I'. The principal contacts for this instrument are
Sandi Formica, Executive Director
Watershed Conservation Resource Center
380 West Rock Street
Fayetteville, AR 72701
Office Phone: 479-444-1916
Cell Phone: 501-352-5252
Office Fax: 928-396-2546
E-mail: forinI�rvttL t, hecl_c�mscr_v7li��n_��rg
Chris Brown, P.E., City Engineer
City of Fayetteville
113 W: Mountain
Fayetteville, AR 72701
Phone: 479-575-8206
Fax: 479-575-8202
E-mail: cl7rowt r:. latEc� i.li�-.r.l oy_
Alan Pugh, Staff Engineer
City of Fayetteville
Phone: 479-575-8206
E-mail: aLu�lfrrictEe►►iller_.�ov
6. N_ONDISCltlNilN.'1'1'IO . During the performance of this agreement, all parties will abide
by the terms of Executive Order 11246 on nondiscrimination and will not discriminate against
any person because of age, race, color, religion, sex, national origin, or disability.
4 "1 4 I
Sandi J. I7oE•illic�'�, Executive Director
Watershed Conservation Resource Center
i . �In4! Ipr[lall ayt
City of Fayct Vill
L
Sondra E. Smith, City Clerk/Treasurer
City of Fayetteville
Dec. a I I z0/21
Date
at)i� e
Date
4
ORDINANCE NO. 5645
AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL
COMPETITIVE BIDDING AND APPROVING A FIVE YEAR
MEMORANDUM OF UNDERSTANDING WITH THE WATERSHED
CONSERVATION RESOURCE CENTER TO JOINTLY SEEK FUNDING
AND USE SUCH FUNDING TO DESIGN AND CONSTRUCT STREAM
RESTORATION PROJECTS
WHEREAS, the City of Fayetteville has long worked with the Watershed Conservation
Resource Center (WCRC) and funded quality stream restoration projects successfully completed
by the Center; and
WHEREAS, the provisions of the attached Memorandum of Understanding meet the
City of Fayetteville's need for continuing stream restoration projects at little or no cost to the
City; and
WHEREAS, the Watershed Conservation Resource Center can efficiently and
effectively provide this service at a significant savings to the citizens of Fayetteville.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby determines
an exceptional situation exists in which competitive bidding is deemed not feasible or practical
and therefore waives the requirements of formal competitive bidding and approves a
Memorandum of Understanding (marked as Exhibit "A" attached hereto and made a part hereof)
between the City of Fayetteville, Arkansas and the Watershed Conservation Resource Center to
jointly seek funding and use such funding to design and construct stream restoration prnkWt1sra114l1,,,
authorizes Mayor Jordan to sign such Memorandum. ,.*� � ,E......
PASSED and APPROVED this 71h day of January, 2014. Mci= :�
FAYF EVILLF'
APPROVED: ATTEST:
�_- � •��f��'�� iii i5 � e�'`�•
By: /0 r rF•�. a -
SO NIAZA E. SMITH, City Clerk/Treasurer
EXHIBIT
3
MEMORANDUM OF UNDERSTANDING
Between
Watershed Conservation Resource Center
And
City of Fayetteville
This Memorandum of Understanding (MOU) is entered into and executed on the date indicated
below the signature block, by and between the Watershed Conservation Resource Center,
hereinafter referred to as WCRC, and the CITY OF FAYETTEVILLE.
A. PURPOSE
The purpose of this MOU is to establish a general framework for cooperation between the
WCRC and the CITY OF FAYETTEVILLE to 1) seek funding and conduct stream restoration
projects to achieve the common goal of restoring unstable sections of streams to a
morphologically stable form utilizing a natural channel design approach and 2) to work together
on nonpoint source (NPS) related issues associated with reducing nutrients and improving
riparian and other natural areas. Innovative approaches will be used in designing and
implementing stream restorations that will result in improved water quality of the City's
watersheds and will address severe streambank erosion, while restoring aquatic and terrestrial
habitat and maintaining a sustainable, natural hydrology. Such cooperation will serve the parties'
mutual interest.
B. STATEMENT OF MUTUAL INTERESTS AND BENEFITS
The WCRC is a nonprofit organization that strives to protect, conserve, and restore natural
resources by utilizing the watershed approach, conducting environmental outreach, and
providing planning and technical assistance to landowners, communities, and government. The
WCRC principals are regional experts and local leaders in implementing natural channel design -
based stream restorations that meet multiple local and regional objectives relating to river
channel instability, water quality, and ecological services. This MOU is of benefit to the CITY
OF FAYETTEVILLE because these activities will help to meet the objectives of the City's
Nutrient Reduction Plan and will lead to both aquatic and terrestrial habitat restoration, improved
water quality in the form of both phosphorus and sediment reductions, reduced streambank
erosion, and improve aesthetics of local streams and rivers. This effort will also help to promote
the use of alternatives to traditional channel modifications in both urbanizing and rural areas.
The WCRC and the CITY OF FAYETTEVILLE partnered and have obtained several grants for
restoring streams within the City and surrounding areas and for assessing streams for stability
and contaminant reduction. These projects have brought over $2,300,000 to the City for water
quality and other environmental improvements and have helped to create local partnerships and
outreach opportunities in the areas of river restoration, riparian enhancement, and watershed
planning. Four stream and streambank restoration projects have been implemented that have
resulted in over 4000 tons of sediment and 3,700 lbs of total phosphorus reductions, annually
from streambank erosion, restored both aquatic and terrestrial habitat, protected City
infrastructure, and improved aesthetics of City Parks and other properties. The WCRC currently
has three active projects with the City and other partners to conduct more river restoration and
assess urban streams and riparian areas to identify priority sites in need of restoration. In
addition, the WCRC continues to monitor and maintain the four implemented stream restoration
sites.
C. FEES AND PAYMENTS
No fee is associated with this MOU. As projects are identified by the City, a Task Order
establishing the scope, fee, and payment terms for the project will be developed. The basis of
this fee and justification for the fee shall be contained in an Appendix attached to each Task
Order. Adjustment of the fee may be made should WCRC establish and the CITY OF
FAYETTEVILLE agree that there has been, or is to be, a significant change in scope, complexity
or character of the services to be performed; or if the CITY OF FAYETTEVILLE decides to
shorten the duration of work from the time period specified in the Agreement for completion of
work and such modification warrants such adjustment.
In consideration of the above premises, the parties agree as follows:
D. THE WCRC:
1. Shall seek funding opportunities for stream restoration projects and other projects
related to reduction of non -point source pollution.
2. Upon approval of specific Task Orders by the Mayor or City Council, as required by the
City's procurement requirements, shall provide the services detailed in each Task Order.
Said tasks may include:
a. Identification of stream reaches that could benefit from stream restoration
and prioritize, in streams within the City limits.
b. Estimation of phosphorous reduction that would be realized for each priority
stream restoration project.
c. Assistance in developing grant applications for identified stream restorations
and other non -point source pollution assessment projects.
d. Assistance to the CITY OF FAYETTEVILLE in addressing other NPS
related issues.
3. Shall accomplish other specific tasks as detailed in each Task Order
E. THE CITY OF FAYETTEVILLE:
1. Shall coordinate all activities within the City of Fayetteville Divisions and Departments
and between the CITY OF FAYETTEVILLE and the WCRC.
2. Shall assist with project activities and tasks.
3. Shall provide review and input into the final restoration designs.
4. Shall oversee activities and coordinate staff needed for implementation of the restoration
designs.
5. Shall provide documentation of all project activities and associated matching funds.
6. Recognizes that their participation in stream restoration and NPS projects acquired is an
integral component in carrying out a successful project that will result in improved water
quality and habitat restoration.
7. Shall accomplish other specific tasks as detailed in each Task Order.
2
F. IT IS MUTUALLY AGREED AND UNDERSTOOD BY ALL PARTIES THAT:
1. FREEDOM OF INl~OR NI'ION ACT (FOIA). CITY OF FAYETTEVILLE contract and
documents prepared while performing city contractual work are subject to the Arkansas Freedom
of Information Act. If a Freedom of Information Act request is presented to the CITY OF
FAYETTEVILLE, the WCRC will do everything possible to provide the documents in a prompt
and timdly manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-
101 et. seq.) Only legally authorized photocopying costs pursuant to the FOIA may be assessed
for this compliance. Any information furnished to the WCRC under this instrument is subject to
the Freedom of Information Act (5 U.S.C. 552).
2. MODIFICATION. Modifications within the scope of the instrument shall be made by mutual
consent of the parties. Changes, modifications, or amendments in scope (other than as
specifically established in this MOU), price or fees to this agreement shall not be allowed
without a prior formal contract amendment approved by the Mayor and/or the City Council in
advance of the change in scope, cost or fees.
3. PARTICIPATION IN SIMILAR ACTIVITIES. This instrument in no way restricts the
WCRC or the CITY OF FAYETTEVILLE from participating in similar activities with other
public or private agencies, organizations, and individuals.
4. COMMENCEMENT/EXPIRATION DATE. The instrument is executed as of the date of the
last signature and is effective for five years.
5. PRINCIPAL CONTACT. The principal contacts for this instrument are:
Sandi Formica, Executive Director
Watershed Conservation Resource Center
380 West Rock Street
Fayetteville, AR 72701
Office Phone: 479-444-1916
Cell Phone: 501-352-5252
Office Fax: 928-396-2546
E-mail: formica Watershedconservation.or
Chris Brown, P.E., City Engineer
City of Fayetteville
113 W. Mountain
Fayetteville, AR 72701
Phone: 479-575-8206
Fax: 479-575-8202
E-mail: ebroWnCu�i.fa�ettev ll�..ar.tis
Sarah Wrede, E.I., Staff Engineer
City of Fayetteville
Phone: 479-575-8206
E-mail: swrcdeL-t�ci.fa ette:ville:.iir.us
6. NONDISCRIMINATION- During the performance of this agreement, all parties will abide
by the terms of Executive Order 11246 on nondiscrimination and will not discriminate against
any person because of age, race, color, religion, sex, national origin, or disability.
Sandi I Fns . txecritivc Director
Watershed Conservation Resource Center
ate
inncld lord , M or 15ate
City of Fay ttev' e
Sondra E. Smith, City Clerk/Treasurer
City of Fayetteville
HAN
r�i+,.....�
a 1-o 1-i41
Date
Sarah Wrede
Submitted By
City of Fayetteville Item Review Form
2013-0244
Legistar File Number
117/2014
City Council Meeting Date -Agenda Item Only
N/A for Non -Agenda Item
Action Required:
Development Services
Department
An ordinance to waive competitive bidding and to enter into a Memorandum of Understanding with
the Watershed Conservation Resource Center to establish a general framework for cooperation to
seek funding and conduct stream restoration projects and to work together on nonpoint source
related issues.
Does this Item have a cost?No
$0.00
Cost of this request
Account Number
Project Number
Budgeted Item?
$0.00
Category or Project Budget
n/a $0.00
Funds Used to Date
n/a
n/a
n/a $0.00 nla
Remaining Balance
Budget Adjustment Attached? No
Previous Ordinance or Resolution #
Program or Project Name
Program or Project Category
Fund Name
s ,VC
Original Contract Number:
iV\Y 1f �� ty Eiif
Comments:
2.6i-�
A0, /p7 -8C�&O, y
Vxk1l
You created this PDF fr an application that is not licensed to print to novaPDF printer (http:l[www..nopdf.com)
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a ale
�ARKANSAS�
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Don Marr, Chief of Staff
Jeremy Pate, Development Services Director
Chris Brown, City Engineer
From: Sarah Wrede, Staff Engineer
Date: December 18, 2013
THE CITY OF FAYETfEVILLE, ARKANSAS
DEPARTMENT CORRESPONDENCE
Council Meeting of January 7, 2014
Subject; An ordinance to waive competitive bidding and renew a Memorandum of Understanding with the
Watershed Conservation Resource Center to continue a general framework for cooperation to seek
funding and conduct stream restoration projects and to work together on nonpoint source related
issues.
PROPOSAL
The purpose of this Memorandum of Understanding (MOU) is to establish a general framework for cooperation between
the Watershed Conservation Resource Center (WCRQ and the City of Fayetteville to 1) seek funding and conduct stream
restoration projects to achieve the common goal of restoring unstable sections of streams to a morphologically stable form
utilizing a natural channel design approach and 2) to work together on nonpoint source (NPS) related issues associated
with reducing nutrients and improving riparian and other natural areas.
The WCRC is a nonprofit organization that strives to protect, conserve, and restore natural resources by utilizing the
watershed approach, environmental outreach, and providing planning and technical assistance to landowners,
communities, and government. The WCRC principals are regional experts and local leaders in implementing natural
channel design -based stream restorations that meet multiple local and regional objectives relating to river channel
instability, water quality, and ecological services. The WCRC and the City have successfully partnered to receive over
$2,300,000 in federal grants for water quality and other environmental improvements. WCRC has been instrumental in
securing these funds due to their relationships with Federal grant agencies and their proven track record of successful
stream restoration projects. This MOU will establish a continued partnership between the City and WCRC whereby the
WCRC will actively seek grant funding for stream restoration projects in the City of Fayetteville, and will allow the City
the opportunity to quickly take advantage of opportunities identified. The MOU is effective for a period of five years.
Staff recommends approval of an ordinance to waive competitive bidding and to renew a Memorandum of Understanding
with the Watershed Conservation Resource Center to continue a general framework for cooperation to seek funding and
conduct stream restoration projects and to work together on nonpoint source related issues.
131 FR "I"' I' I N I I I. [." I'
The proposed agreement will cause no budget impact. As tasks are identified, a Task Order, with associated fee, will be
developed for approval by the Mayor and City Council.
ORDINANCE NO.
AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL
COMPETITIVE BIDDING AND APPROVING A FIVE YEAR
MEMORANDUM OF UNDERSTANDING WITH THE WATERSHED
CONSERVATION RESOURCE CENTER TO JOINTLY SEEK FUNDING
AND USE SUCH FUNDING TO DESIGN AND CONSTRUCT STREAM
RESTORATION PROJECTS
WHEREAS, the City of Fayetteville has long worked with -the Watershed Conservation
Resource Center (WCRC) and funded quality stream restoration projects successfully completed
the Center; and
WHEREAS, the provisions of the attached Memorandum of Understanding meet the
City of Fayetteville's need for continuing stream restoration projects at little or no cost to the
City; and
WHEREAS, the Watershed Conservation Resource Center can efficiently and
effectively provide this service at a significant savings to the citizens of Fayetteville.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
SC'.ctioii 1: That the City Council of the City of Fayetteville, Arkansas hereby determines
an exceptional situation exists in which competitive bidding is deemed not feasible or practical
and therefore waives the requirements of formal competitive bidding and approves a
Memorandum of Understanding (marked as Exhibit "A" attached hereto and made a part hereof)
between the City of Fayetteville, Arkansas and the Watershed Conservation Resource Center to
jointly seek funding and use such funding to design and construct stream restoration projects and
authorizes Mayor Jordan to sign such Memorandum.
PASSED and APPROVED this 7"' day of January, 2014.
APPROVED:
ATTEST:
By: By: _
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
THIS IMOU ,VAS UPDATED
PI.F;AS13 S:f;T. UPDn'C.I`,D VF'RSION
MEMORANDUM OF UNDERSTANDING
Between
Watershed Conservation Resource Center
And f
City of Fayetteville
i
This Memorandum of Un erstanding (MOU) is entered into and execu(' d on the date indicated
below the signature block, by and between the Watershed Conservation Resource Center,
hereinafter referred to as WC C. and the CITY OF FAYETTEVILI,E.
A. PURPOSE
The purpose of this MOU is to es blish a general fittn work for cooperation between the
WCRC and the CITY OF FAYE'IRfC iLLE to I) seek nding and conduct stream restoration
projects to achieve the common 1. al of restot'i1i unstable sections of streams to a
morphologically stable forth utilizing a total channe design approach and 2) to work together
on nonpoint source (NPS) related issue t
riparian and other natural areas. inno
implementing stream restorations that will
watersheds and will address severe streamb
habitat and maintaining a sustainable, natural
mutual interest.
B. STATEMENT OF MUTUAL
social with reducing nutrients and improving
ve approaches will be used in designing and
re!Oit in improved water quality of the City's
erosion, while restoring aquatic and terrestrial
ology. Such cooperation will serve the parties'
AND
The WCRC is a nonprofit or•gan'szati6i that strives to rotect, conserve, and restore natural
resources by utilizing the walCrsl%d approach, confit
'ting
environmental outreach, and
providing planning and technical at/istance to landowners,\actities
nities, and government. The
WCRC principals are regional ex/erts and local leaders in inting natural channel design -
based stream restorations that;fio�eet multiple local and nal objectives relating to river
channel instability, water quality, ecological services, and gfrastructure. This MOU is of
benefit to the CITY OFF YETTEVILLE because theities will help to meet the
objectives of the City's Ni merit Reduction Plan and willboth aquatic and terrestrial
habitat restoration, imps.ved water quality in the formth phosphorus and sediment
reductions, reduced strepibank erosion, and improve aestheloci I strea►ns and rivers, This
effort will also help �1_nl
promote the use of alternatives tonal hannel modifications in
both urbanizing and r}l areas.
The WCRC andtl, CITY OF FAYETTEVILLE partnered and have obtained several grants for
restonng streams within the City and surrounding areas and for assessing streams for stability
and contatninan reduction. These projects have brought over $3,100,000 to the City for water
quality and oto r environmental improvements and have helped to create local partnerships and
outreach nph vicinities in the areas of river restoration, riparian enhancement, and watershed
planning. Seven stream and streambank restoration projects have been implemented that have
resulted in over 1 1,900 tons of sediment and 8,500 lbs of total phosphorus reductions, annually
THIS MOU WAS UPDATED
PLEASE SEE UPDATED VERSION
from streambank erosion, restored both aquatic and terrestrial habitat, protected City
infrastructure, and improved aesthetics of City Parks and other properties. The WCRC currently
has three active projects with the City and other partners to conduct more river restoration and
assess urban streams and riparian areas to identify priority sites in need of r . toration. In
addition, the WCRC continues to monitor and maintain the four implemented st:' ►n restoration
sites.
i
C. FEES AND PAYMENTS
r
No fee is ass ciated with this MOU. As projects are identified by zc City, a Task Order
establishing the cape, fee, and payment terms for the project will b developed. The basis of
this fee and justi atitin for the fee shall be contained in an App radix attached to each Task
Order. Adjuslntc n of the fee may be made should WCRC establish and the CITY OF
FAYETTEVILLE agi a that there has been, or is to be, a signiri alit change in scope, complexity
or character of the sei 'ces to be performed; or if the CITY OP FAYETTEVILLE decides to
shorten the duration of rk from the time period specified n the Agreement for completion of
work and such modificatio warrants such adjustment.
In consideration of the above remises, the parties
D. THE WCRC:
1. Shall seek funding opp. 'ti
related to reduction of non -
2. Upon approval of specific T
City's procurement requiren
Said tasks may include:
a. Identification of
and prioritize, in
b. Estimation of ph
ities for
nt source
as follows:
m restoration projects and other projects
by the Mayor or City Council, as required by the
provide the services detailed in each Task Order_
reaches that could benefit from stream restoration
thin the City limits.
leduction that would be realized for each priority
stream restoratiopf project.
c. Assistance in veloping gra t applications for identified stream restorations
and other no point source pol tion assessment projects.
d. Vegetation tablishment and m, iagcment at City sponsored stream
restoratia projects.
e. Assistan e to the CITY OF FA ETTEVILLE in addressing other NPS
related 'ssties.
3. Shall accomplish )then specific tasks as detailed i each Task Order
E. THE CITY OF F�1 'GTT.EVILLE:
I. Shall coordir .t, all activities within the City of Faye Lville Divisions and Departments
and betweeithe CITY OF FAYETTEVILLE and the RC.
2. Shall asst: with project activities and tasks.
3. Shall prL ide review and input into the final restoration desi Ins.
4. Shall o ersee activities and coordinate staff needed for implementation of the restoration
desigp .:.
5. Shal provide documentation of all project activities and associated matching funds.
2
THIS .MOU WAS UPDATED
PLEASE SEE UPDATED VERSION
6. Recognizes that their participation in stream restoration and NPS projects acquired is an
integral component in carrying out a successful project that will result in improved water
quality and habitat restoration.
7. Shall accomplish other specific tasks as detailed in each Task Order.
F. IT IS MUTUALLY AGREED AND UNDERSTOOD BY ALL PARTIES THAT:
1. } (]1= INFORMATION ACT .FOIA.). CITY OF FAYETTEVILLE contract and
documents prepared while performing city contractual work are subject to the Arkansas Freedom
of Information Act. If a Freedom of Information Act request is presented to the C f'IY OF
FAYETTEVILLE, the WCRC will do everything possible to provide the d/(A.
a prompt
and timely manner as prescribed in the Arkansas Freedom of Information . §25-19-
101 et. seq.) Only legally authorized photocopying costs pursuant to the Fe assessed
for this compliance. Any information furnished to the WCRC under this insubject to
the Freedom of Information ;1ct (5 U.S.C. 552).
2. MODIFICATION. Modificat Ins within the scope of the instrument hall be made by mutual
consent of the parties. Charsge modifications, or amendments n scope (other than as
specifically established in this M l}, price or fees to this abre lent shall not be allowed
without a prior formal contract amen lent approved by the Ma or and/or the City Council in
advance of the change in scope, cost or ' es.
3. PARTICIPATION IN SIMILAR ACTIVITIES. This instrument in no way restricts the
WCRC or the CITY OF FAYETTEVILLE from partVill
ting in similar activities with other
public or private agencies, organizations, and i dividual
4. COi\IMLNCI;MI N'r/L XPIRA'FION DA'IT
last signature and is effective for five years.
5. PRINCIPAL CONTA[- 1 . The principal
Sandi Formica, ExecutiveDirector
Watershed Conservation P csc�urr. Center
380 West Rock Street
Fayetteville, AR 72701
Office Phone: 479-444-191 C
Cell Phone: 501-372-5' 2
Office Fax: 928-396- 46
E-mail f , tnic i-rcr;��alcr he�iconscrv7tian.ut
Chris Brown, P.E City Engineer
City of Faycttc►, le
] 13 W. Moura In
Fayetteville: AR 72701
Phone:r7c)
-575-8206
Fax: -575-8202
tla�citcvill {7_v
instrument is executed as of the date of the
f0r,this instrument are:
Alan Pugh, Staff Fi gineer
City of Fayetteville
Phone: 479-575-8206
E-mail: imuLdi rr l;ntttGyi
3
THIS MOU WAS UPDATED
PLEASE SEI, UPDATED VERSION
6. NONDISCRIMINATION. During the performance of this agreement, all parties will abide
by the terms of Executive Order 11246 on nondiscrimination and will not discriminate against
any person because of age, race, color, religion, sex, national origin, or disability.
Sandi J.
Watersh(
Lioneld
City of F
Sondra E
City of F
4